Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-01-14

IN easy task. one thai we'll know rules
Of mathematics and astronomy could aid
in ascertaiuing. 1t Wss cGpablt of dem
onstraJiCn and incapable Of fu nlshing any
grounds OF misunderstood ding between the
two governments. The agen # both par
ties could ascertain it. The true meridian
was stable, and so was tire STR am referred
TO-. But, being conscious of the errors OF
/ Relish's map, and that it would not stand
the test Of demonstration, but having it
| before them, they undoubtedly intended
! tb2tthe boundary should be TT the point
where Melish showed the l00th meridian
ON Red FLYER. The concluding language
OF the treaty, as shown above, it seems
to me, carries the conclusion beyond a
DOUBT that4shey intended the boundary TO
| be where Melish placed the Tooth merid-
ian. Any other construction would con-
viCt the governments and their ENJOYS of
using language contrary to wellknoWn
. rules of construction and of adding q
meaningless clause to the treaty. What
| possible use could the clause be unless
intended to govern? Il may be, there
fore, that Melish's map may show that the
l00tl meridian crosses Red river east of
Greer county. l only insist that the Ian
SuGge Of the treaty be followed in laying
down rules and giving Instructions tc the
commissioners. 1t cannot be true that
either or both parties can flnd or ascer-
tain what the treaty mesGs unless they
take the whole language used. 1t is sup
posed that the business OF the commits
sion is to fiud the division line between
Spain and Mexico on the one side end the
| United States on the other, and this can
not be done correctly if the commission is
restricted to the use of part of the IAN
y Of tho 7 nr,lv nsiS bat
the language OF the treaty be used in
giving instructions TO the commissioners.
Be- pleased to lay this communication
before the president, after reading if. |
respectfully ask his personal considera-
ton OF the letter. l am, very respect
fully, your obeditnt servant,
JOHN IRELAND,
Governor of Texas.
was of the opinion then, Snd am now,
that the order making the detail was en-
ttrely too restrictive in its character. The
habits and education of army officers in
culcate strict obedience to orders, and
permit of little or no attitude for discre-
ton.
| believed then, and still believe, that
Texas had two points on which she could
lightiully claim Greer county. First.
that it Was undoubtedly the intention of
the contracting parties, as shown by the
treaty and preliminary correspondence
between Mr.. Adams and Count de 0nis,
that the line between Spain and the
United States should be ct the point
where Melish marked the loo h meridian
west from Greenwich. No one disputes
the fsct that Melish places that meridian
east OF the fork, and this, of course,
would give Greer county to Texas. If
the true Tooth meridian had been intended
it would have been quite unnecessary and
meaningless to conclude the description
Of the line with the words "all according
10 Melish's map as improved to 1878"
In the second place l hold that the 4
North Fork is the true Red river. The
orders, therefore, to the federal commits
sion to go and mark the point where the
Tooth meridian crosses Red river virtually
forbade them to consider our first posi-
tion at all. AS consequence the Joint
commission resulted in disagreement
the Texas commissioners being uuani-
nous for Texas, andsthe federal repre-
sentatiyes for the United States. The
practical good, however, resulting to
Texas in the work Of the commission is
the collection, in Legal form, Of evidence
and proofs favoriDg the ownership OF
Greer county by Texasst
Under the treaty. retween the United
States and Texas, id 1888. 1t is agreed
that each COVE nment shall own, possess
md eDj y its territory as heretofore
claimed or possessed, and over which it
las exercised Jurisdiction, until
is agreed upon between the two :,
governments. The proof being over
ghelming, with nothing to the contrary,
hat Texas has from time almost i'm
memorial exercised ownership over the
erritory, she is, under the treaty Just
poken of, entitled to Greer county so
ong as an agreement to the contrary is
lot reached. While on this subject il
nay be proper to state that Greer county
vas organized as one OF the county mu-
icipalities of Texas on the 10th day of
uly, 1886.
transmit herewith copy of the joint
soors of the commission, from which it
Rill be seen that the federal commission
Introduced no proof to support its claims
kept maps Of its own making. For the
u5lic service rendered the state by the
enslemen composing the Texas commits
ion the people ought to feel deeply guste-
III:
NV